Category Archives: Nexus

N.D.Okla.: A felon threatening somebody with a gun is nexus to believe the gun at his home

Defendant being a felon and allegedly threatening his alleged victim with a gun was nexus that he’d likely have it at home. United States v. Edwards, 2019 U.S. Dist. LEXIS 112265 (N.D. Okla. July 8, 2019). Defense counsel wasn’t ineffective … Continue reading

Posted in Ineffective assistance, Nexus, Particularity | Comments Off on N.D.Okla.: A felon threatening somebody with a gun is nexus to believe the gun at his home

MA: Actual knowledge def had cell phone on him isn’t required for CSLI warrant

For CSLI, direct evidence that defendant had a cell phone on him is not constitutionally required under Carpenter or any other case. The content of communications aren’t sought – just the fact of where the phone has been. Commonwealth v. … Continue reading

Posted in Cell site location information, Nexus | Comments Off on MA: Actual knowledge def had cell phone on him isn’t required for CSLI warrant

E.D.Mich.: The affidavit for SW didn’t show nexus, but it wasn’t so lacking that GFE still didn’t apply

The court concludes that the government lacked nexus to defendant’s home for the search warrant because the proof was just lacking. It came down to two cases with similar but still sufficiently different facts reaching seemingly contradictory results on nexus. … Continue reading

Posted in Good faith exception, Nexus | Comments Off on E.D.Mich.: The affidavit for SW didn’t show nexus, but it wasn’t so lacking that GFE still didn’t apply

D.Minn.: A generic motion to suppress should be denied for telling the court nothing

“[F]ailure to affirmatively provide the Court with support for the motion as it relates to the warrant is a sufficient basis for denial of the motion.” Even so, the court goes to the merits and finds probable cause. United States … Continue reading

Posted in Burden of pleading, Nexus | Comments Off on D.Minn.: A generic motion to suppress should be denied for telling the court nothing

CA3: Doing drug deals from the car parked behind the house was nexus

“Walker argues there was no evidence supporting the third Burton premise. We disagree, as several of the ‘factors that help establish the required nexus between a defendant’s drug-dealing activities and his home’ are present in this case. … Walker conducted … Continue reading

Posted in Nexus, Probation / Parole search | Comments Off on CA3: Doing drug deals from the car parked behind the house was nexus

D.Me.: False name justified extending traffic stop for dog sniff

“The dog sniff began roughly 12 minutes and 45 seconds into the traffic stop. At that point, Martin had provided two driver’s licenses that spelled his name differently and had verbally provided a separate birth date that did not match … Continue reading

Posted in Dog sniff, Nexus, Reasonable suspicion, Standing | Comments Off on D.Me.: False name justified extending traffic stop for dog sniff

N.D.Ohio: Def’s saying to CI he had heroin at home was nexus

Probable cause was shown for defendant’s house when he said to the CI that he didn’t have heroin on him, but at home. United States v. Novak, 2019 U.S. Dist. LEXIS 92445 (N.D. Ohio June 3, 2019).* Officers had probable … Continue reading

Posted in Consent, Nexus | Comments Off on N.D.Ohio: Def’s saying to CI he had heroin at home was nexus

CA8: Two CIs and officer’s observations provided PC for GPS tracking

Two tipsters and an officer’s observations of hand-to-hand deals led to a GPS warrant for defendant’s vehicle. It was issued with probable cause. Defendant wasn’t entitled to a Franks hearing over the CIs. United States v. Bradley, 2019 U.S. App. … Continue reading

Posted in GPS / Tracking Data, Nexus | Comments Off on CA8: Two CIs and officer’s observations provided PC for GPS tracking

Army: Email address link to CP provided nexus to def’s devices and quarters

Defendant was retired military working as a contractor in Afghanistan. Child pornography was traced to him by his email address. That gave the magistrate issuing the search warrant reason to believe that child pornography would be found on his digital … Continue reading

Posted in Nexus, Standing | Comments Off on Army: Email address link to CP provided nexus to def’s devices and quarters

D.Conn.: Nexus shown by def going home after three controlled buys

Nexus and probable cause are shown to defendant’s house by the fact he went back to his house from three controlled buys. United States v. Stewart, 2019 U.S. Dist. LEXIS 78376 (D. Conn. May 9, 2019). Having pled guilty to … Continue reading

Posted in Nexus, Privileges | Comments Off on D.Conn.: Nexus shown by def going home after three controlled buys

N.D.Tex.: Nexus & GFE: Officer’s experience drug dealers keep stuff at home alone is not enough; some fact connecting home required

Officer’s experience alone that drugs and paraphernalia are often kept at the alleged dealer’s home does not satisfy the good faith exception. There must also be some facts connecting the house to the drug offense away from the home. United … Continue reading

Posted in Good faith exception, Nexus | Comments Off on N.D.Tex.: Nexus & GFE: Officer’s experience drug dealers keep stuff at home alone is not enough; some fact connecting home required

W.D.Ky.: Complete failure of nexus was no PC and even GFE won’t save it

The affidavit for search warrant here fails to show nexus to defendant’s property. Moreover, it can’t even be inferred from the CI’s statements. “The affidavit presently before this Court offers no such supplemental information. The affidavit does not describe a … Continue reading

Posted in Good faith exception, Nexus | Comments Off on W.D.Ky.: Complete failure of nexus was no PC and even GFE won’t save it